Summary Contract_Law_Study_Guide

Contract Law Study Guide: Duties of Seller & Buyer

Duties of the Seller

1. Duty to Protect the Item Sold

- Protect item from sale to delivery.

- Buyer can claim damages if: seller acts intentionally or is negligent.

- No liability for accidental damage without fault.



2. Duty of Safe-Keeping

- If buyer hasn't paid: Seller liable only for intentional/gross negligence.

- If seller delays delivery: Seller liable for any damage, even without fault.

- Mora debitoris (seller's delay): Full liability.

- Mora creditoris (buyer's delay): Seller liable only for intentional/gross negligence.



3. Passing of Risk

- Risk passes to buyer when contract is perfecta (completed).

- Perfecta requires: Agreement, identified item, determined price, no suspensive conditions.



4. Ownership Transfer

- Contract = personal right; not ownership.

- Ownership transfers when all legal requirements are met.

Immovable Property: Ownership via registration.

Movable Property: Ownership via delivery and payment.



5. Forms of Delivery

- Incorporeal: Movable -> Cession; Immovable -> Registration of rights.

- Corporeal: Movable -> Actual/symbolic/constructive delivery; Immovable -> Registration.



Warranties

1. Warranty Against Eviction

- Seller must guarantee lawful ownership.

- Buyer's remedies: